Law in Pride Month Part 1: Understanding SOGIESC and Gender Diversity

Many people may be familiar with the idea that the world has only two sexes: male and female. This often comes with the expectation that men and women will act in ways that align with societal norms and physical traits assigned at birth. Viewing sex as a binary concept leads to societal structures and laws that recognize only two roles, creating rules and standards that define behavior and expectations for individuals who conform to these binary categories.

However, in reality, humans may be born and express themselves in ways that do not align with societal expectations. For example, some people are born with both male and female genitalia. Women are not necessarily attracted to men, and men are not necessarily attracted to women. Some individuals may be born female but identify as male, or they may not wish to identify with any gender at all.

This diversity in gender identities and expressions is often overlooked in societies that only acknowledge the binary system. As a result, individuals who do not conform to these norms, those who identify as LGBTQIA+ frequently face discrimination, social exclusion, and legal inequalities. They may be denied basic rights, face challenges in accessing justice, and be forced to conform to identities that do not reflect their true selves. However, all individuals, regardless of their gender identity or expression, deserve equal treatment and legal protection under the rule of law.

Recognizing and understanding gender diversity is crucial. This is why there have been movements advocating for equal marriage laws, recognition of gender identity, and an end to discrimination against gender-diverse individuals. To start Pride Month, the School of Law at the University of Phayao will help explore sexual diversity through the concept of "SOGIESC."

What is SOGIESC?

"SOGIESC" is a human rights framework designed to help understand the various aspects of sexuality and ensure that all individuals, regardless of their gender, are treated with dignity and respect. The term is an acronym for the following concepts:

• Sexual Orientation (SO): Refers to an individual's sexual attraction, whether toward the opposite gender (heterosexual), the same gender (lesbian or gay), both genders (bisexual), all genders (pansexual), or no sexual attraction at all (asexual).
• Gender Identity (GI): Refers to an individual's internal sense of their gender, which may or may not align with their sex assigned at birth. For instance, a cisgender person's gender identity matches their biological sex, while a transgender person's identity differs from their assigned sex. Some individuals identify as non-binary, existing outside the male - female binary.
• Gender Expression (GE): Refers to the way in which a person presents their gender through their outward appearance, such as their clothing, hairstyle, speech, and behavior. It is important to note that this expression may not always conform to societal norms and expectations. For instance, an individual may choose to adopt an androgynous style that combines both traditionally masculine and feminine characteristics.
• Sex Characteristics (SC): Refers to physical and biological traits that are related to an individual's sex. These traits can include male, female, or intersex characteristics, which occur when an individual is born with physical traits of both sexes.

Additionally, there is Romantic Orientation (RO), which refers to the type of emotional attraction a person experiences, such as being romantically attracted to the same sex, the opposite sex, or not feeling romantic attraction at all (aromantic).

The term LGBTIQAN+ encompasses various forms of sexual diversity, including lesbian, gay, bisexual, transgender, intersex, queer, asexual, non-binary, pansexual, and others. Each person may have a unique combination of sexual orientation, gender identity, gender expression, and sex characteristics. Therefore, learning to embrace this diversity is essential, as it is a key aspect of humanity. Legal systems have also evolved to reflect equality and respect for individuals' different and diverse identities.

In the following section of "Laws in Pride Month," we will delve into the Yogyakarta Principles (2006), which aim to apply international human rights law to matters concerning sexual orientation and gender identity.

References:

1. Yogyakarta Principles 2006
2. Save the Children (2021). Guidelines for working with children, considering diversity, sexual identity, sexual orientation, gender expression, and physical characteristics. https://thailand.savethechildren.net/sites/thailand.savethechildren.net/files/library/SOGIESC_Manual_1.pdf
3. R U OK Podcast and Krongkaew Panjamahaporn (2020). SOGIESC: Understanding Gender, Sex, and Gender Identity. https://thestandard.co/podcast/ruok195/
4. Sapphicity Podcast (2021). Sapphicity EP.2: What is SOGIESC? Why is it important? Let's find out. https://www.thenoizemag.com/2021/12/sapphicity-ep-2/
5. IOM: Full Glossary of Terms to describe sexual orientation, gender identity, gender expression, and sex characteristics (2020). https://migrationnetwork.un.org/resources/iom-full-glossary-terms-describe-sexual-orientation-gender-identity-gender-expression-and
6. Araya Suksom (2022). Guidelines for recognizing gender identity rights in Thailand through the lens of foreign law. Songklanagarin Law Journal, Vol. 5 No. 1 (July-December 2022), 24-43

This article is part of a special series for Pride Month, presented by the School of Law at the University of Phayao. Stay tuned for the upcoming installments on legal issues surrounding marriage equality, gender identity, and more.

Article by Miss Piyathorn Pleanphadung, Assistant Dean for Learning Innovation and Organizational Communication, School of Law, University of Phayao.